Constitutionalism

We investigate what it means to be a constitutional people who remain tethered to the rule of law.

Latest

Originalism and Its Adversaries

While living constitutionalists on the left remain deeply involved in the fight against originalism, some prominent figures on the right have joined that fight.

John G. Malcom
Constitutionalism
May 29, 2026

A Warning to Quorum Breakers

If absence goes on long enough, there may be serious consequences—including removal from office.

Aaron L. Nielson
Constitutionalism
May 27, 2026

When Can a Crass Political Remark Be Deemed an Indictable “Threat of Violence”?

What is an indictable “threat of violence”?

Paul J. Larkin
Constitutionalism
May 22, 2026

Struck By Lightning Fifty Years Later: The Court’s Broken Promise on the Death Penalty

The Supreme Court has become the source of the very arbitrariness it set out to eliminate.

Craig S. Lerner
Constitutionalism
May 21, 2026

The Curse of 'Penn Central'

A Supreme Court that has undone Roe v. Wade and Chevron should be willing to remove the curse of Penn Central.

Richard Epstein
Constitutionalism
May 21, 2026

What Happiness Ought We Pursue? Natural Rights and the Declaration of Independence

Freedom points beyond itself to a moral life of deliberate conformity to the moral laws of nature and the will of God.

Constitutionalism
May 19, 2026

Pursuing the Right to the Pursuit of Happiness in the Twenty-First Century

The Declaration is not a historical argument — it is a philosophical one, a claim about what human nature requires, not merely about what was once practiced or understood.

Constitutionalism
May 19, 2026
Research
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Making Sense of the Court's Establishment Clause Doctrine

Kevin C. Walsh
Constitutionalism
Aug 18, 2025

Civitas Conversations: Is the Court Appeasing the Trump Administration?

Jonathan H. Adler, Richard M. Reinsch II
Constitutionalism
Aug 6, 2025

States Should Protect Religious Liberty Like It Is 1993

Mark David Hall, Paul Mueller
Constitutionalism
Jul 31, 2025

Mistaking Principle for Appeasement

Jonathan H. Adler
Constitutionalism
Jul 29, 2025

Civitas Conversations: John Yoo Discusses Andrew Jackson's Gunslinger Presidency

John Yoo, Richard M. Reinsch II
Constitutionalism
Jul 25, 2025

Universal Injunctions Are Dead, Long Live Universal Remedies?

Jonathan H. Adler
Constitutionalism
Jul 23, 2025
Podcasts
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Law Talk

Welcome to Law Talk with Richard Epstein and John Yoo. Our show is hosted by Charles C. W. Cooke.

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Civitas Outlook
Originalism and Its Adversaries

While living constitutionalists on the left remain deeply involved in the fight against originalism, some prominent figures on the right have joined that fight.

Civitas Outlook
AI Governance by Phone Call

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